Dáil debates

Tuesday, 3 April 2007

Defence (Amendment) (No. 2) Bill 2006 [Seanad]: Report and Final Stages

 

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)

I move amendment No. 6:

In page 42, line 3, after "of" to insert "and in the name of".

This amendment provides that where a direction has been given by the Director of Public Prosecutions for the trial he should be responsible for the conduct of all prosecutions at court martial. I seek clarification in the sense that the Director of Public Prosecutions will always prosecute in the name of the people, that is, the people v. accused. As a result the section does not seem clear who the DPP is prosecuting unless one inserts "and in the name of". While all prosecutions will be in his name, on behalf of whom is the prosecution taking place?

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